DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on March 23rd, 2026 has been entered.
Response to Arguments
Applicant's arguments filed March 23rd, 2026 have been fully considered but they are not persuasive.
Applicant argues on Pg. 8 (as numbered by the Applicant) of the Remarks, “Sul and Yanachi, alone or in hypothetical combination, cannot support a proper prima facie case of obviousness of amended independent claim 1. Amended independent claim 1 recites, inter alia, "the first evaporator and the second evaporator are arranged in a series flow arrangement relative to a flow of a conditioning liquid directed first through the first evaporator and subsequently through the second evaporator, and wherein the second condenser and the first condenser are arranged in an additional series flow arrangement relative to a flow of a cooling liquid directed first through the second condenser and subsequently through the first condenser." (Emphasis added.) The Applicant submits that the cited references do not teach or fairly suggest the features recited by amended independent claim 1. In particular, the Applicant submits that neither Sul nor Yanachi, alone or in hypothetical combination, disclose, teach, or suggest a first evaporator and a second evaporator arranged in a series flow arrangement relative to a flow of a conditioning liquid directed first through the first evaporator and subsequently through the second evaporator and a second condenser and a first condenser arranged in an additional series flow arrangement relative to a flow of a cooling liquid directed first through the second condenser and subsequently through the first condenser, as generally recited by amended independent claim 1. In view of the foregoing, the Applicant respectfully submits that the cited references cannot establish a prima facie case of obviousness of amended independent claim 1 and its dependent claims. Moreover, based at least on their dependencies from amended independent claim 1, as well as the features separately recited therein, the Applicant submits that claims 2 and 3 are patentable over Sul and Yanachi. Accordingly, the Applicant respectfully requests withdrawal of the rejection of claims 1-3 under 35 U.S.C. § 103.” However, this argument is not persuasive as Fig. 3 of teaches two refrigerant circuits which include first and second evaporators in series flow with a conditioning liquid and first and second condensers in series flow with a cooling liquid. See the rejection of claim 1 below.
The rejection of independent claim 1 is maintained for at least the reasons described herein. The rejections of dependent claims 2-5 are also maintained. See the new rejections of claims 21-30 below.
Claim Objections
Claim 24 objected to because of the following informalities:
Line 3: “from the heat exchanger” should read “from the heat exchanger.”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 21-23, and 25-30 are rejected under 35 U.S.C. 103 as being unpatentable over Sul et al. (WO 2016013798), hereinafter Sul in view of Yanachi et al. (WO 2015121993), hereinafter Yanachi.
Regarding claim 1, Sul discloses a heating, ventilation, air conditioning, and refrigeration (HVAC&R) system (Fig. 2, refrigerator 1), comprising:
a first refrigerant circuit (Fig. 2, first refrigeration system 10) comprising a first compressor (Fig. 2, first compressor 110) configured to circulate a first refrigerant (Pg. 6, paragraph 62, The first refrigeration system 10 includes a first compressor 110 which compresses a first refrigerant flowing in the first refrigeration system 10 and discharges the first refrigerant in a high temperature and high pressure state) through a first condenser (Fig. 2, first condenser 120) and a first evaporator (Fig. 2, first evaporator 150);
a second refrigerant circuit (Fig. 2, second refrigeration system 20) comprising a second compressor (Fig. 2, second compressor 210) configured to circulate a second refrigerant (Pg. 7, paragraph 64, The second refrigeration system 20 includes a second compressor 210 which compresses a second refrigerant flowing in the second refrigeration system 20 and discharges the second refrigerant in a high temperature and high pressure state) through a second condenser (Fig. 2, second condenser 220) and a second evaporator (Fig. 2, second evaporator 250); and
a heat exchanger (Fig. 2, subsidiary evaporator 153, subsidiary condenser 223) configured to place the first refrigerant in a heat exchange relationship with the second refrigerant (Pg. 7, paragraph 66, The subsidiary condenser 223 may be installed adjacent to the subsidiary evaporator 153 so as to exchange heat with the subsidiary evaporator 153. Specifically, the second refrigerant flowing through the subsidiary condenser 223 may be condensed using the cold air generated when the subsidiary evaporator 153 evaporates the first refrigerant. The subsidiary condenser 223 and the subsidiary evaporator 153 may be in contact with each other, but heat may be exchanged using a heat exchange plate 190 which will be described later; Further, the subsidiary evaporator 153 and subsidiary condenser 223 of Sul have the same structure as the claimed heat exchanger and are capable of functioning in the manner claimed);
wherein the first refrigerant circuit is configured to direct the first refrigerant from the first condenser to the heat exchanger and from the heat exchanger to the first evaporator (Fig. 2 of Sul depicts first refrigeration system 10 to direct refrigerant from first condenser 120 to subsidiary evaporator 153 and from subsidiary evaporator 153 to first evaporator 150), and the second refrigerant circuit is configured to direct the second refrigerant from the second condenser to the heat exchanger and from the heat exchanger to the second evaporator (Fig. 2 of Sul depicts second refrigeration system 20 to direct refrigerant from second condenser 220 to subsidiary condenser 223 and from subsidiary condenser 223 to second evaporator 250).
However, Sul as modified does not disclose wherein the first evaporator and the second evaporator are arranged in a series flow arrangement relative to a flow of a conditioning liquid directed first through the first evaporator and subsequently through the second evaporator, and wherein the second condenser and the first condenser are arranged in an additional series flow arrangement relative to a flow of a cooling liquid directed first through the second condenser and subsequently through the first condenser.
Yanachi teaches wherein the first evaporator and the second evaporator are arranged in a series flow arrangement relative to a flow of a conditioning liquid through the first evaporator and the second evaporator and wherein the second condenser and the first condenser are arranged in an additional series flow arrangement relative to a flow of a cooling liquid through the second condenser and the first condenser (Fig. 3 of Yanachi depicts evaporators 5a and 5b to be placed in series with respect to the flow of fluid through the second water channel 21 and condensers 2a and 2b to be placed in series with respect to the flow of fluid through the first water channel 20).
Sul fails to teach wherein the first evaporator and the second evaporator are arranged in a series flow arrangement relative to a flow of a conditioning liquid directed first through the first evaporator and subsequently through the second evaporator, and wherein the second condenser and the first condenser are arranged in an additional series flow arrangement relative to a flow of a cooling liquid directed first through the second condenser and subsequently through the first condenser, however Yanachi teaches that it is a known method in the art of dual circuit refrigeration systems to include wherein the first evaporator and the second evaporator are arranged in a series flow arrangement relative to a flow of a conditioning liquid through the first evaporator and the second evaporator and wherein the second condenser and the first condenser are arranged in an additional series flow arrangement relative to a flow of a cooling liquid through the second condenser and the first condenser. This is strong evidence that modifying Sul as claimed would produce predictable results (i.e. improving the COP of the system (Pg. 12, paragraph 46)). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Sul by Yanachi and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of improving the COP of the system (Pg. 12, paragraph 46).
Regarding claim 2, Sul as modified discloses the HVAC&R system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the first evaporator is configured to vaporize the first refrigerant at a first evaporation temperature (Sul, Pg. 7, paragraph 62, a first evaporator 150 which evaporates the first refrigerant flowing in the subsidiary evaporator 153; Further, the first evaporator 150 of Sul has the same structure as the claimed first evaporator and is capable of functioning in the manner claimed), the second evaporator is configured to vaporize the second refrigerant at a second evaporation temperature (Sul, Pg. 7, paragraph 64, a second evaporator 250 which evaporates the second refrigerant depressurized by the third expander 145; Further, the second evaporator 25 of Sul has the same structure as the claimed second evaporator and is capable of functioning in the manner claimed), the first evaporation temperature is greater than the second evaporation temperature (Sul, Fig. 7; Pg. 12, paragraph 110, Then, the C-phase refrigerant is changed into a D-phase after depressurized by the first expander 141, and the refrigerant evaporated by the subsidiary evaporator 153 and the first evaporator 150 has an A-phase; Pg. 13, paragraph 115, The F-phase refrigerant depressurized by the first expander 145 is introduced into the second evaporator 250, and the refrigerant introduced into and evaporated by the second evaporator 250 has an A' -phase; Further, Fig. 7 of Sul depicts the first refrigerant system indicated by line R to have a pressure in the A phase which is higher than the pressure in the A’ phase indicated by the second refrigerant system indicated by line F. Since pressure and temperature have a linear relationship, the first refrigeration system R is depicted to have a higher evaporation temperature than the second refrigeration cycle F in Fig. 7 of Sul), and the heat exchanger is configured to enable thermal energy transfer from the second refrigerant to the first refrigerant (Sul, Pg. 7, paragraph 66, The subsidiary condenser 223 may be installed adjacent to the subsidiary evaporator 153 so as to exchange heat with the subsidiary evaporator 153. Specifically, the second refrigerant flowing through the subsidiary condenser 223 may be condensed using the cold air generated when the subsidiary evaporator 153 evaporates the first refrigerant. The subsidiary condenser 223 and the subsidiary evaporator 153 may be in contact with each other, but heat may be exchanged using a heat exchange plate 190 which will be described later; Further, the subsidiary evaporator 153 and subsidiary condenser 223 of Sul have the same structure as the claimed heat exchanger and are capable of functioning in the manner claimed).
Regarding claim 3, Sul as modified discloses the HVAC&R system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the first evaporator is configured to place the first refrigerant in a first heat exchange relationship with the conditioning liquid, and the second evaporator is configured to place the second refrigerant in a second heat exchange relationship with the conditioning liquid (Fig. 3 of Yanachi depicts the first evaporator 5a to place the refrigerant of the first refrigerant cycle 30a in a first heat exchange relationship with second water passage 21 and the second evaporator 5b to place the refrigerant of the second refrigerant cycle 30b in a second heat exchange relationship with second water passage 21; Moreover, In addition to structural limitations, claim 3 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “the first evaporator is configured to place the first refrigerant in a first heat exchange relationship with the conditioning liquid, and the second evaporator is configured to place the second refrigerant in a second heat exchange relationship with the conditioning liquid.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.). Further, the limitations of claim 3 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 21, Sul as modified discloses the HVAC&R system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the first compressor is configured to receive the first refrigerant from the first evaporator, the first condenser is configured to receive the first refrigerant from the first compressor, the second compressor is configured to receive the second refrigerant from the second evaporator, and the second condenser is configured to receive the second refrigerant from the second compressor (Pg. 7-8, paragraphs 62-64, The first refrigeration system 10 includes a first compressor 110 which compresses a first refrigerant flowing in the first refrigeration system 10 and discharges the first refrigerant in a high temperature and high pressure state, a first condenser 120 which condenses the first refrigerant compressed by the first compressor 110 and maintained in the high temperature and high pressure state through radiation of heat, a first expander 141 which receives and depressurizes the refrigerant condensed by the first condenser 120, a subsidiary evaporator 153 which evaporates the refrigerant depressurized by the first expander 141, and a first evaporator 150 which evaporates the first refrigerant flowing in the subsidiary evaporator 153. The first expander 141 may be referred to as a "first evaporation expander." The first refrigeration system 10 includes a refrigerant pipe 100 which connect the first compressor 110, the first condenser 120, the first expander 141, the subsidiary evaporator 153, and the first evaporator 150 to guide a flow of the refrigerant. The second refrigeration system 20 includes a second compressor 210 which compresses a second refrigerant flowing in the second refrigeration system 20 and discharges the second refrigerant in a high temperature and high pressure state, a second condenser 220 which condenses the second refrigerant compressed by the second compressor 210 and maintained in the high temperature and high pressure state through radiation of heat, a second expander 143 which receives and depressurizes the refrigerant condensed by the second condenser 220, a subsidiary condenser 223 which condenses once more the second refrigerant depressurized by the second expander 143, a third expander 145 which depressurizes the second refrigerant condensed by the subsidiary condenser 223, and a second evaporator 250 which evaporates the second refrigerant depressurized by the third expander 145. The second expander 143 performs depressurizing for subsidiary condensing, and thus may be referred to as a "condensation expander," and the third expander 145 may be referred to as a "second evaporation expander."; Further, the first compressor 110, the first condenser 120, the second compressor 210, and the second condenser 220 have the same structure as the claimed first compressor, first condenser, second compressor, and second condenser and are capable of functioning in the manner claimed).
Regarding claim 22, Sul as modified discloses the HVAC&R system of claim 21 (see the combination of references used in the rejection of claim 21 above), wherein the first compressor is configured to receive the first refrigerant directly from the first evaporator, and the first condenser is configured to receive the first refrigerant directly from the first compressor (Fig. 2 of Sul depicts the first evaporator 150 to be directly connected to the first compressor 110 with no intervening components and the first condenser to be directly connected to the first compressor 110 with no intervening components; Pg. 7-8, paragraphs 62-64, The first refrigeration system 10 includes a first compressor 110 which compresses a first refrigerant flowing in the first refrigeration system 10 and discharges the first refrigerant in a high temperature and high pressure state, a first condenser 120 which condenses the first refrigerant compressed by the first compressor 110 and maintained in the high temperature and high pressure state through radiation of heat, a first expander 141 which receives and depressurizes the refrigerant condensed by the first condenser 120, a subsidiary evaporator 153 which evaporates the refrigerant depressurized by the first expander 141, and a first evaporator 150 which evaporates the first refrigerant flowing in the subsidiary evaporator 153. The first expander 141 may be referred to as a "first evaporation expander." The first refrigeration system 10 includes a refrigerant pipe 100 which connect the first compressor 110, the first condenser 120, the first expander 141, the subsidiary evaporator 153, and the first evaporator 150 to guide a flow of the refrigerant. The second refrigeration system 20 includes a second compressor 210 which compresses a second refrigerant flowing in the second refrigeration system 20 and discharges the second refrigerant in a high temperature and high pressure state, a second condenser 220 which condenses the second refrigerant compressed by the second compressor 210 and maintained in the high temperature and high pressure state through radiation of heat, a second expander 143 which receives and depressurizes the refrigerant condensed by the second condenser 220, a subsidiary condenser 223 which condenses once more the second refrigerant depressurized by the second expander 143, a third expander 145 which depressurizes the second refrigerant condensed by the subsidiary condenser 223, and a second evaporator 250 which evaporates the second refrigerant depressurized by the third expander 145. The second expander 143 performs depressurizing for subsidiary condensing, and thus may be referred to as a "condensation expander," and the third expander 145 may be referred to as a "second evaporation expander."; Further, the first compressor 110 and the first condenser 120 have the same structure as the claimed first compressor and first condenser and are capable of functioning in the manner claimed).
Regarding claim 23, Sul as modified discloses the HVAC&R system of claim 21 (see the combination of references used in the rejection of claim 21 above), wherein the second compressor is configured to receive the second refrigerant directly from the second evaporator, and the second condenser is configured to receive the second refrigerant directly from the second compressor (Fig. 2 of Sul depicts the second evaporator 250 to be directly connected to the second compressor 210 with no intervening components and the second condenser 220 to be directly connected to the second compressor 210 with no intervening components; Pg. 7-8, paragraphs 62-64, The first refrigeration system 10 includes a first compressor 110 which compresses a first refrigerant flowing in the first refrigeration system 10 and discharges the first refrigerant in a high temperature and high pressure state, a first condenser 120 which condenses the first refrigerant compressed by the first compressor 110 and maintained in the high temperature and high pressure state through radiation of heat, a first expander 141 which receives and depressurizes the refrigerant condensed by the first condenser 120, a subsidiary evaporator 153 which evaporates the refrigerant depressurized by the first expander 141, and a first evaporator 150 which evaporates the first refrigerant flowing in the subsidiary evaporator 153. The first expander 141 may be referred to as a "first evaporation expander." The first refrigeration system 10 includes a refrigerant pipe 100 which connect the first compressor 110, the first condenser 120, the first expander 141, the subsidiary evaporator 153, and the first evaporator 150 to guide a flow of the refrigerant. The second refrigeration system 20 includes a second compressor 210 which compresses a second refrigerant flowing in the second refrigeration system 20 and discharges the second refrigerant in a high temperature and high pressure state, a second condenser 220 which condenses the second refrigerant compressed by the second compressor 210 and maintained in the high temperature and high pressure state through radiation of heat, a second expander 143 which receives and depressurizes the refrigerant condensed by the second condenser 220, a subsidiary condenser 223 which condenses once more the second refrigerant depressurized by the second expander 143, a third expander 145 which depressurizes the second refrigerant condensed by the subsidiary condenser 223, and a second evaporator 250 which evaporates the second refrigerant depressurized by the third expander 145. The second expander 143 performs depressurizing for subsidiary condensing, and thus may be referred to as a "condensation expander," and the third expander 145 may be referred to as a "second evaporation expander."; Further, the second compressor 210 and the second condenser 220 have the same structure as the claimed second compressor and second condenser and are capable of functioning in the manner claimed).
Regarding claim 25, Sul discloses a heating, ventilation, air conditioning, and refrigeration (HVAC&R) system (Fig. 2, refrigerator 1), comprising:
a first refrigerant circuit (Fig. 2, first refrigeration system 10) comprising a first compressor (Fig. 2, first compressor 110) configured to circulate a first refrigerant (Pg. 6, paragraph 62, The first refrigeration system 10 includes a first compressor 110 which compresses a first refrigerant flowing in the first refrigeration system 10 and discharges the first refrigerant in a high temperature and high pressure state) through a first condenser (Fig. 2, first condenser 120) and a first evaporator (Fig. 2, first evaporator 150);
a second refrigerant circuit (Fig. 2, second refrigeration system 20) comprising a second compressor (Fig. 2, second compressor 210) configured to circulate a second refrigerant (Pg. 7, paragraph 64, The second refrigeration system 20 includes a second compressor 210 which compresses a second refrigerant flowing in the second refrigeration system 20 and discharges the second refrigerant in a high temperature and high pressure state) through a second condenser (Fig. 2, second condenser 220) and a second evaporator (Fig. 2, second evaporator 250); and
a heat exchanger (Fig. 2, subsidiary evaporator 153, subsidiary condenser 223) configured to place the first refrigerant in a heat exchange relationship with the second refrigerant (Pg. 7, paragraph 66, The subsidiary condenser 223 may be installed adjacent to the subsidiary evaporator 153 so as to exchange heat with the subsidiary evaporator 153. Specifically, the second refrigerant flowing through the subsidiary condenser 223 may be condensed using the cold air generated when the subsidiary evaporator 153 evaporates the first refrigerant. The subsidiary condenser 223 and the subsidiary evaporator 153 may be in contact with each other, but heat may be exchanged using a heat exchange plate 190 which will be described later; Further, the subsidiary evaporator 153 and subsidiary condenser 223 of Sul have the same structure as the claimed heat exchanger and are capable of functioning in the manner claimed);
wherein the first refrigerant circuit is configured to direct the first refrigerant from the first condenser to the heat exchanger and from the heat exchanger to the first evaporator (Fig. 2 of Sul depicts first refrigeration system 10 to direct refrigerant from first condenser 120 to subsidiary evaporator 153 and from subsidiary evaporator 153 to first evaporator 150), and the second refrigerant circuit is configured to direct the second refrigerant from the second condenser to the heat exchanger and from the heat exchanger to the second evaporator (Fig. 2 of Sul depicts second refrigeration system 20 to direct refrigerant from second condenser 220 to subsidiary condenser 223 and from subsidiary condenser 223 to second evaporator 250).
However, Sul as modified does not disclose wherein the second condenser and the first condenser are arranged in a series flow arrangement, the second condenser is configured to receive a flow of a cooling fluid from a cooling fluid source, and the first condenser is configured to receive the flow of the cooling fluid from the second condenser, and
wherein the first evaporator and the second evaporator are arranged in an additional series flow arrangement, the first evaporator is configured to receive a flow of a conditioning fluid from a conditioning fluid source, and the second evaporator is configured to receive the flow of the conditioning fluid from the first evaporator.
Yanachi teaches wherein the second condenser and the first condenser are arranged in a series flow arrangement relative to a flow of a cooling fluid through the second condenser and the first condenser and wherein the first evaporator and the second evaporator are arranged in an additional series flow arrangement relative to a flow of a conditioning fluid through the first evaporator and the second evaporator (Fig. 3 of Yanachi depicts condensers 2a and 2b to be placed in series with respect to the flow of fluid through the first water channel 20 and evaporators 5a and 5b to be placed in series with respect to the flow of fluid through the second water channel 21).
Sul fails to teach wherein the second condenser and the first condenser are arranged in a series flow arrangement, the second condenser is configured to receive a flow of a cooling fluid from a cooling fluid source, and the first condenser is configured to receive the flow of the cooling fluid from the second condenser, and wherein the first evaporator and the second evaporator are arranged in an additional series flow arrangement, the first evaporator is configured to receive a flow of a conditioning fluid from a conditioning fluid source, and the second evaporator is configured to receive the flow of the conditioning fluid from the first evaporator, however Yanachi teaches that it is a known method in the art of dual circuit refrigeration systems to include wherein the second condenser and the first condenser are arranged in a series flow arrangement relative to a flow of a cooling fluid through the second condenser and the first condenser and wherein the first evaporator and the second evaporator are arranged in an additional series flow arrangement relative to a flow of a conditioning fluid through the first evaporator and the second evaporator. This is strong evidence that modifying Sul as claimed would produce predictable results (i.e. improving the COP of the system (Pg. 12, paragraph 46)). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Sul by Yanachi and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of improving the COP of the system (Pg. 12, paragraph 46).
Regarding claim 26, Sul as modified discloses the HVAC&R system of claim 25 (see the combination of references used in the rejection of claim 25 above), wherein the first evaporator is configured to vaporize the first refrigerant at a first evaporation temperature (Sul, Pg. 7, paragraph 62, a first evaporator 150 which evaporates the first refrigerant flowing in the subsidiary evaporator 153; Further, the first evaporator 150 of Sul has the same structure as the claimed first evaporator and is capable of functioning in the manner claimed), the second evaporator is configured to vaporize the second refrigerant at a second evaporation temperature (Sul, Pg. 7, paragraph 64, a second evaporator 250 which evaporates the second refrigerant depressurized by the third expander 145; Further, the second evaporator 25 of Sul has the same structure as the claimed second evaporator and is capable of functioning in the manner claimed), the first evaporation temperature is greater than the second evaporation temperature (Sul, Fig. 7; Pg. 12, paragraph 110, Then, the C-phase refrigerant is changed into a D-phase after depressurized by the first expander 141, and the refrigerant evaporated by the subsidiary evaporator 153 and the first evaporator 150 has an A-phase; Pg. 13, paragraph 115, The F-phase refrigerant depressurized by the first expander 145 is introduced into the second evaporator 250, and the refrigerant introduced into and evaporated by the second evaporator 250 has an A' -phase; Further, Fig. 7 of Sul depicts the first refrigerant system indicated by line R to have a pressure in the A phase which is higher than the pressure in the A’ phase indicated by the second refrigerant system indicated by line F. Since pressure and temperature have a linear relationship, the first refrigeration system R is depicted to have a higher evaporation temperature than the second refrigeration cycle F in Fig. 7 of Sul), and the heat exchanger is configured to enable thermal energy transfer from the second refrigerant to the first refrigerant (Sul, Pg. 7, paragraph 66, The subsidiary condenser 223 may be installed adjacent to the subsidiary evaporator 153 so as to exchange heat with the subsidiary evaporator 153. Specifically, the second refrigerant flowing through the subsidiary condenser 223 may be condensed using the cold air generated when the subsidiary evaporator 153 evaporates the first refrigerant. The subsidiary condenser 223 and the subsidiary evaporator 153 may be in contact with each other, but heat may be exchanged using a heat exchange plate 190 which will be described later; Further, the subsidiary evaporator 153 and subsidiary condenser 223 of Sul have the same structure as the claimed heat exchanger and are capable of functioning in the manner claimed).
Regarding claim 27, Sul as modified discloses the HVAC&R system of claim 25 (see the combination of references used in the rejection of claim 25 above), wherein the first evaporator is configured to place the first refrigerant in a first heat exchange relationship with the conditioning fluid, and the second evaporator is configured to place the second refrigerant in a second heat exchange relationship with the conditioning fluid (Fig. 3 of Yanachi depicts the first evaporator 5a to place the refrigerant of the first refrigerant cycle 30a in a first heat exchange relationship with second water passage 21 and the second evaporator 5b to place the refrigerant of the second refrigerant cycle 30b in a second heat exchange relationship with second water passage 21; Moreover, In addition to structural limitations, claim 27 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “the first evaporator is configured to place the first refrigerant in a first heat exchange relationship with the conditioning liquid, and the second evaporator is configured to place the second refrigerant in a second heat exchange relationship with the conditioning fluid.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.). Further, the limitations of claim 27 are the result of the modification of references used in the rejection of claim 25 above.
Regarding claim 28, Sul discloses a heating, ventilation, air conditioning, and refrigeration (HVAC&R) system (Fig. 2, refrigerator 1), comprising:
a first refrigerant circuit (Fig. 2, first refrigeration system 10) comprising a first compressor (Fig. 2, first compressor 110) configured to circulate a first refrigerant (Pg. 6, paragraph 62, The first refrigeration system 10 includes a first compressor 110 which compresses a first refrigerant flowing in the first refrigeration system 10 and discharges the first refrigerant in a high temperature and high pressure state) through a first condenser (Fig. 2, first condenser 120) and a first evaporator (Fig. 2, first evaporator 150);
a second refrigerant circuit (Fig. 2, second refrigeration system 20) comprising a second compressor (Fig. 2, second compressor 210) configured to circulate a second refrigerant (Pg. 7, paragraph 64, The second refrigeration system 20 includes a second compressor 210 which compresses a second refrigerant flowing in the second refrigeration system 20 and discharges the second refrigerant in a high temperature and high pressure state) through a second condenser (Fig. 2, second condenser 220) and a second evaporator (Fig. 2, second evaporator 250); and
a heat exchanger (Fig. 2, subsidiary evaporator 153, subsidiary condenser 223) configured to place the first refrigerant in a heat exchange relationship with the second refrigerant (Pg. 7, paragraph 66, The subsidiary condenser 223 may be installed adjacent to the subsidiary evaporator 153 so as to exchange heat with the subsidiary evaporator 153. Specifically, the second refrigerant flowing through the subsidiary condenser 223 may be condensed using the cold air generated when the subsidiary evaporator 153 evaporates the first refrigerant. The subsidiary condenser 223 and the subsidiary evaporator 153 may be in contact with each other, but heat may be exchanged using a heat exchange plate 190 which will be described later; Further, the subsidiary evaporator 153 and subsidiary condenser 223 of Sul have the same structure as the claimed heat exchanger and are capable of functioning in the manner claimed);
wherein the first refrigerant circuit is configured to direct the first refrigerant from the first condenser to the heat exchanger and from the heat exchanger to the first evaporator (Fig. 2 of Sul depicts first refrigeration system 10 to direct refrigerant from first condenser 120 to subsidiary evaporator 153 and from subsidiary evaporator 153 to first evaporator 150), and the second refrigerant circuit is configured to direct the second refrigerant from the second condenser to the heat exchanger and from the heat exchanger to the second evaporator (Fig. 2 of Sul depicts second refrigeration system 20 to direct refrigerant from second condenser 220 to subsidiary condenser 223 and from subsidiary condenser 223 to second evaporator 250).
However, Sul as modified does not disclose wherein the first evaporator and the second evaporator are arranged in a series flow arrangement relative to a flow of a conditioning liquid through the first evaporator and the second evaporator, such that the second evaporator is configured to receive the flow of the conditioning liquid from the first evaporator.
Yanachi teaches wherein the first evaporator and the second evaporator are arranged in a series flow arrangement relative to a flow of a conditioning liquid through the first evaporator and the second evaporator (Fig. 3 of Yanachi depicts evaporators 5a and 5b to be placed in series with respect to the flow of fluid through the second water channel 21).
Sul fails to teach wherein the first evaporator and the second evaporator are arranged in a series flow arrangement relative to a flow of a conditioning liquid through the first evaporator and the second evaporator, such that the second evaporator is configured to receive the flow of the conditioning liquid from the first evaporator, however Yanachi teaches that it is a known method in the art of dual circuit refrigeration systems to include wherein the first evaporator and the second evaporator are arranged in a series flow arrangement relative to a flow of a conditioning liquid through the first evaporator and the second evaporator. This is strong evidence that modifying Sul as claimed would produce predictable results (i.e. improving the COP of the system (Pg. 12, paragraph 46)). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Sul by Yanachi and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of improving the COP of the system (Pg. 12, paragraph 46).
Regarding claim 29, Sul as modified discloses the HVAC&R system of claim 28 (see the combination of references used in the rejection of claim 28 above), wherein the first evaporator is configured to vaporize the first refrigerant at a first evaporation temperature (Sul, Pg. 7, paragraph 62, a first evaporator 150 which evaporates the first refrigerant flowing in the subsidiary evaporator 153; Further, the first evaporator 150 of Sul has the same structure as the claimed first evaporator and is capable of functioning in the manner claimed), the second evaporator is configured to vaporize the second refrigerant at a second evaporation temperature (Sul, Pg. 7, paragraph 64, a second evaporator 250 which evaporates the second refrigerant depressurized by the third expander 145; Further, the second evaporator 25 of Sul has the same structure as the claimed second evaporator and is capable of functioning in the manner claimed), the first evaporation temperature is greater than the second evaporation temperature (Sul, Fig. 7; Pg. 12, paragraph 110, Then, the C-phase refrigerant is changed into a D-phase after depressurized by the first expander 141, and the refrigerant evaporated by the subsidiary evaporator 153 and the first evaporator 150 has an A-phase; Pg. 13, paragraph 115, The F-phase refrigerant depressurized by the first expander 145 is introduced into the second evaporator 250, and the refrigerant introduced into and evaporated by the second evaporator 250 has an A' -phase; Further, Fig. 7 of Sul depicts the first refrigerant system indicated by line R to have a pressure in the A phase which is higher than the pressure in the A’ phase indicated by the second refrigerant system indicated by line F. Since pressure and temperature have a linear relationship, the first refrigeration system R is depicted to have a higher evaporation temperature than the second refrigeration cycle F in Fig. 7 of Sul), and the heat exchanger is configured to enable thermal energy transfer from the second refrigerant to the first refrigerant (Sul, Pg. 7, paragraph 66, The subsidiary condenser 223 may be installed adjacent to the subsidiary evaporator 153 so as to exchange heat with the subsidiary evaporator 153. Specifically, the second refrigerant flowing through the subsidiary condenser 223 may be condensed using the cold air generated when the subsidiary evaporator 153 evaporates the first refrigerant. The subsidiary condenser 223 and the subsidiary evaporator 153 may be in contact with each other, but heat may be exchanged using a heat exchange plate 190 which will be described later; Further, the subsidiary evaporator 153 and subsidiary condenser 223 of Sul have the same structure as the claimed heat exchanger and are capable of functioning in the manner claimed).
Regarding claim 30, Sul as modified discloses the HVAC&R system of claim 28 (see the combination of references used in the rejection of claim 28 above), wherein the first evaporator is configured to place the first refrigerant in a first heat exchange relationship with the conditioning liquid, and the second evaporator is configured to place the second refrigerant in a second heat exchange relationship with the conditioning liquid (Fig. 3 of Yanachi depicts the first evaporator 5a to place the refrigerant of the first refrigerant cycle 30a in a first heat exchange relationship with second water passage 21 and the second evaporator 5b to place the refrigerant of the second refrigerant cycle 30b in a second heat exchange relationship with second water passage 21; Moreover, In addition to structural limitations, claim 27 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “the first evaporator is configured to place the first refrigerant in a first heat exchange relationship with the conditioning liquid, and the second evaporator is configured to place the second refrigerant in a second heat exchange relationship with the conditioning fluid.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114.). Further, the limitations of claim 30 are the result of the modification of references used in the rejection of claim 28 above.
Claims 4-5 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Sul as modified by Yanachi as applied to claim 3 above, and further in view of Ito et al. (WO 2015133622), hereinafter Ito.
Regarding claim 4, Sul as modified discloses the HVAC&R system of claim 3 (see the combination of references used in the rejection of claim 3 above), wherein the first refrigerant circuit comprises a first expansion device (Sul, Fig. 2, first expander 141) configured to direct the first refrigerant from the first condenser to the heat exchanger (The first expander 141 of Sul has the same structure as the claimed first expansion device and is capable of functioning in the manner claimed), and the second refrigerant circuit comprises a second expansion device (Sul, Fig. 2, third expander 145) configured to direct the second refrigerant from the heat exchanger to the second evaporator (The third expander 145 of Sul has the same structure as the claimed second expansion device and is capable of functioning in the manner claimed).
However, Sul as modified does not explicitly disclose the expansion devices to be expansion valves.
Ito teaches the expansion devices to be expansion valves (Paragraph 17, As the expansion devices 41 and 42, expansion valves, capillary tubes, or the like are used).
Sul as modified fails to teach the expansion devices to be expansion valves, however Ito teaches that it is a known method in the art of dual circuit refrigeration systems to include the expansion devices to be expansion valves. This is strong evidence that modifying Sul as modified as claimed would produce predictable results (i.e. increasing refrigerant phase control within the system to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Sul as modified by Ito and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of increasing refrigerant phase control within the system to improve overall system efficiencies.
Regarding claim 5, Sul as modified discloses the HVAC&R system of claim 4 (see the combination of references used in the rejection of claim 4 above), wherein the heat exchanger is configured to receive the first refrigerant from the first expansion valve (the subsidiary evaporator 153 and subsidiary condenser 223 of Sul as modified have the same structure as the claimed heat exchanger and are capable of functioning in the manner claimed), and wherein the second expansion valve is configured to receive the second refrigerant exiting the heat exchanger (the second expansion valve 145 of Sul as modified has the structure as the claimed second expansion valve and is capable of functioning in the manner claimed). Further, the limitations of claim 5 are a result of the modification of references used in the rejection of claim 4 above.
Regarding claim 24, Sul as modified discloses the HVAC&R system of claim 5 (see the combination of references used in the rejection of claim 5 above), wherein the heat exchanger is configured to receive the first refrigerant directly from the first expansion valve, and wherein the second expansion valve is configured to receive the second refrigerant directly from the heat exchanger (Fig. 2 of Sul depicts the subsidiary evaporator 153 to be directly connected to the first expander 141 with no intervening components and the subsidiary condenser 223 to be directly connected to the third expander 145 with no intervening components; Pg. 7-8, paragraphs 62-64, The first refrigeration system 10 includes a first compressor 110 which compresses a first refrigerant flowing in the first refrigeration system 10 and discharges the first refrigerant in a high temperature and high pressure state, a first condenser 120 which condenses the first refrigerant compressed by the first compressor 110 and maintained in the high temperature and high pressure state through radiation of heat, a first expander 141 which receives and depressurizes the refrigerant condensed by the first condenser 120, a subsidiary evaporator 153 which evaporates the refrigerant depressurized by the first expander 141, and a first evaporator 150 which evaporates the first refrigerant flowing in the subsidiary evaporator 153. The first expander 141 may be referred to as a "first evaporation expander." The first refrigeration system 10 includes a refrigerant pipe 100 which connect the first compressor 110, the first condenser 120, the first expander 141, the subsidiary evaporator 153, and the first evaporator 150 to guide a flow of the refrigerant. The second refrigeration system 20 includes a second compressor 210 which compresses a second refrigerant flowing in the second refrigeration system 20 and discharges the second refrigerant in a high temperature and high pressure state, a second condenser 220 which condenses the second refrigerant compressed by the second compressor 210 and maintained in the high temperature and high pressure state through radiation of heat, a second expander 143 which receives and depressurizes the refrigerant condensed by the second condenser 220, a subsidiary condenser 223 which condenses once more the second refrigerant depressurized by the second expander 143, a third expander 145 which depressurizes the second refrigerant condensed by the subsidiary condenser 223, and a second evaporator 250 which evaporates the second refrigerant depressurized by the third expander 145. The second expander 143 performs depressurizing for subsidiary condensing, and thus may be referred to as a "condensation expander," and the third expander 145 may be referred to as a "second evaporation expander."; Further, the subsidiary evaporator 153 and subsidiary condenser 223 and the third expander 145 of Sul as modified have the same structure as the claimed heat exchanger and are capable of functioning in the manner claimed). Further, the limitations of claim 24 are the result of the modification of references used in the rejection of claim 5 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inoue (WO 2007080994) discloses a similar dual refrigeration circuit with both evaporators and both condensers in series flow arrangement with a conditioning fluid and a cooling fluid, respectively.
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/DEVON MOORE/Examiner, Art Unit 3763 May 05th, 2026
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